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3 Wash. St. B. News 49 (1949)

handle is hein.barjournals/wasbn0003 and id is 1 raw text is: Waobijnaton State JJar JIebJ%
Vol. 3, No. 1    JANUARY, 1949      Page 49

STATE ATTORNEYS SUBMIT PROPOSED BILLS
TO  LEGISLATIVE COMMITTEE OF STATE BAR
A number of bills have been submitted to the Legislative Committee of the
Washington State Bar Association for possible presentation to the State Legis-
lature.
The proposed acts are under consideration by the Legislative Committee. A
digest of the proposed acts and the names of the attorneys who sent them in
follow:

Commencement of Actions
An Act changing the time for answer
after service of summons within the state
from twenty days to ten days, when serv-
ice is had outside the state from sixty days
to thirty days, when service is by publi-
cation from sixty days to thirty days andl
changing the number of publications from
six to three.
Submitted by
WARREN HARDY,
Seattle.
Costs of Appeal
An act relating to costs of appeal to the
Supreme Court of the State of Washing-
ton, increasing the attorney's fee allowed
to the prevailing party from $25.00 to
$50.00.
Submitted by
WARREN HARDY.
Costs as Attorney Fees-Amount Taxable
An act relating to the amount of at-
torney's fees taxable as costs in favor of
the prevailing party in actions in the
Superior Court and the Supreme Court
of the State of Washington, to read as
follows:
When allowed to either party, costs to
be called the attorney fee, shall be as
follows:
.1. In all actions settled before issue is
joined, Ten Dollars. (Previously $5.00)
2. In all actions where judgment is
rendered without a jury, Twenty-Five
Dollars. (Previously $10.00)
3. In all actions where judgment is
rendered after empaneling a jury, Fifty
Dollars. (Previously $15.00)
4. In all actions removed to the Supreme
Court and    settled  before  argument,
Twenty-five Dollars. (Previously $10.00)
5. In all actions where judgment is
rendered in the Supreme Court after
argument, Fifty   Dollars.  (Previously
$15.00)
Submitted by
WARREN HARDY.

An Act Relative to the Liability of Mar-
ried Persons for Injuries Committed
by Married Persons.
Imposing liability upon the marital com-
munity for injuries committed by married
persons, during the existence of the mari-
tal community, with the exception of
actions against a married man for seduc-
tion or criminal conversation.
Submitted by
WARREN HARDY.
Sale of Property Under Execution,
Decree or Order of Sale
That Remington's Revised    Statutes,
Section 582 be amended to read as
follows:
Section 3. Before the sale of property
under execution, order of sale or decree,
notice thereof shall be given as follows:
1. In case of personal property, by post-
ing written or printed notice of the time
and place of sale in three (3) public
places in the county where the sale is to
take place, for a period of not less than
ten (.10) days prior to the day of sale.
2. In case of real property, by posting
a similar notice, particularly describing
the property for a period of not less than
two (2) weeks prior to the day of sale
in three (3) public places in the county,
one of which shall be at the court house
door, where the property is to be sold,
and in case of improved real estate, one of
which shall be at the front door of the
principal building constituting such im-
provement, and publishing a copy thereof
once a week, consecutively, for the same
period, in any daily or weekly legal news-
paper of general circulation published in
the county in which the real property
to be sold is situated: Provided, however,
That if there be more than one legal
newspaper published in the county, then
the plaintiff or moving party in the action,
suit or proceeding shall have the ex-
clusive right to designate in which of
such qualified newspaper such notice
shall be published: Provided, further,
That if there is no legal newspaper pub-
lished in the county, then such notice
(Continued an fourth page)

PROPOSED NEW CODE
ATTACKED BY MAJORITY
OF CODE COMMITTEE
A wide division of opinion among the
members of the State Code Committee
was publicly revealed on January 13, by
a report submitted to the legislature by
Marian G. Gallagher and Alfred J. Sch-
weppe on that date. This report was
sharply critical of the proposed Revised
Code of Washington previously submitted
to the legislature by Mark H. Wight, State
Law Librarian and chairman of the three-
member committee.
Wight recommended    that the pro-
posed code be adopted as prima facie
the law. The other two members of the
committee oppose passage of the code in
its present form and say that another
two years will be needed to make the code
'even a reasonably prima facie code.
The proposed new code, consisting of
91 titles, has been prepared in two multi-
graphed  volumes, with   a  companion
volume containing cross-reference tables
and brief revisers' notes, and is now
in the hands of the legislators. Its his-
torical background may be found in the
following bibliography: Laws 1941, C. 149;
Laws 1943, C. 252; Laws 1945, C. 233;
Laws 1947, C. 282; 18 Wash. Law Rev.
221; 19 Wash. Law Rev. 225; 20 Wash.
Law Rev. 241; 21 Wash. Law Rev. 244;
23 Wash Law Rev. 312; 1947 House
Journal 437 and 1 Wash. State Bar News
5.
Mark Wight's Report
Mr. Wight's report, dated December 1,
1948, states that he and E. W. Ander-
son the chief of the Code Committee's
staff, feel th-t the work has been well
done and that the proposed code should
be adopted and made prima facie the law
without further delay. As chairman of
the committee and as the only member
located in Olympia, Wight has been
in direct charge of the work and.of the
staff employed by the committee. Ander-
son has supervised all, and in fact done
most of the revision work.
The strictly codifying work found in the
proposed code, e.g., the numbering system,
the titles and the arrangement, seems to
be but little different from that contained
in the code submitted in 1947. As to addi-
tions and removals, 67 sections of session
laws not found in Remington's Revised
Statutes have been added, and over 2,000
Remington sections have been removed.
The reason for such removals, together
with the number of sections removed for
each reason, is as follows: Application,
(Continued on third page)

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